Title 101 | Chapter 001 | Regulation 325
SUPERSEDED
This document is no longer current.
PREVIOUS VERSION
The previous document that this document is based upon is available.
GENERAL GOVERNMENT CABINET
Personnel Board
(Amendment)
101 KAR 1:325.Probationary periods.
Section 1.
Initial Probationary Period.(1)
The initial probationary period shall be computed from the effective date of appointment to the corresponding date in the sixth or final month, depending upon the length of initial probationary period, except as established in KRS 18A.111.(2)
The following job classifications shall require an initial probationary period in excess of six (6) months:| Title Code | Job Classification | Length of Initial Probationary Period |
| 20000538 | Golf Course Superintendent I | 9 months |
| 20000539 | Golf Course Superintendent II | 9 months |
| 20000558 | Parks Golf Professional | 9 months |
| 20000677 | State Park Ranger I | 9 months |
| 20000562 | Resort Park Manager I | 12 months |
| 20000563 | Resort Park Manager II | 12 months |
| 20000564 | Resort Park Manager III | 12 months |
| 20000568 | Parks Program Services Supervisor | 9 months |
| 20000569 | Parks Camping/Boat Dock Manager | 9 months |
| 20000570 | Park Business Manager I | 12 months |
| 20000571 | Park Business Manager II | 12 months |
| 20000572 | Park Manager I/Historic Site Manager | 12 months |
| 20000573 | Park Manager II | 12 months |
| 20000574 | Park Manager III | 12 months |
| 20000609 | Conservation Officer Recruit | 12 months |
| 20000616 | Veterans Benefits Field Rep I | 9 months |
| 20000618 | Veterans Benefits Regional Administrator | 9 months |
| 20000672 | Facilities Security Sergeant | 12 months |
| 20000673 | Facilities Security Lieutenant | 12 months |
| 20000676 | State Park Ranger Recruit | 12 months |
| 20000680 | Facilities Security Officer II | 12 months |
| 20000683 | Mounted Patrol Officer Recruit | 12 months |
| 20000687 | Police Telecommunicator I | 12 months |
| 20000688 | Police Telecommunicator II | 12 months |
| 20000689 | Police Telecommunications Shift Supervisor | 12 months |
| 20000690 | Police Telecommunications Supervisor | 12 months |
| 20000692 | CVE Inspector I | 12 months |
| 20000694 | CJIS (Criminal Justice Information System) Compliance Specialist I | 12 months |
| 20000695 | CJIS Compliance Specialist II | 12 months |
| 20000696 | CJIS Compliance Specialist III | 12 months |
| 20000697 | CJIS Compliance Supervisor | 12 months |
| 20000698 | Transportation Operations Center Specialist I | 12 months |
| 20000703 | Polygraph Examiner II | 12 months |
| 20000704 | Polygraph Examiner I | 12 months |
| 20000713 | Driver's Test Administrator | 12 months |
| 20000719 | Law Enforcement Training Instructor I | 12 months |
| 20000722 | Law Enforcement Training Instructor I - Telecommunications | 12 months |
| 20000813 | Boiler Inspector I | 12 months |
| 20000817 | HVAC Inspector I | 12 months |
| 20000820 | Fire Protection Systems Inspector | 12 months |
| 20000821 | Industrial Hygienist I | 12 months |
| 20000834 | OSH Compliance Officer I | 12 months |
| 20000852 | OSH Safety Consultant I | 12 months |
| 20000856 | Industrial Hygienist Consultant I | 12 months |
| 20000888 | Insurance Fraud Investigator I | 12 months |
| 20000889 | Insurance Fraud Investigator II | 12 months |
| 20000890 | Insurance Fraud Investigator Supervisor | 12 months |
| 20000938 | Forensic Firearms and Toolmark Examiner I | 12 months |
| 20000940 | Forensic Chemist I | 12 months |
| 20000941 | Forensic Chemist II | 12 months |
| 20000943 | Forensic Biologist I | 12 months |
| 20000944 | Forensic Biologist II | 12 months |
| 20000953 | Forensic Computer Examiner I | 12 months |
| 20000954 | Forensic Computer Examiner II | 12 months |
| 20000955 | Forensic Computer Examiner III | 12 months |
| 20000963 | Therapy Program Assistant | 9 months |
| 20000974 | Audiologist I | 12 months |
| 20001001 | Patient Aide I | 9 months |
| 20001021 | Nursing Investigator | 12 months |
| 20001037 | Medical Investigator I | 12 months |
| 20001038 | Medical Investigator II | 12 months |
| 20001105 | KSB/KSD Administrator III | 12 months |
| 20001107 | KSB/KSD Administrator V | 12 months |
| 20001122 | Disability Adjudicator I | 12 months |
| 20001125 | Social Service Worker I | 9 months |
| 20001132 | Field Services Supervisor | 12 months |
| 20001135 | Juvenile Facility Superintendent I | 12 months |
| 20001136 | Juvenile Facility Superintendent III | 12 months |
| 20001137 | Facilities Regional Administrator | 12 months |
| 20001138 | Youth Services Program Supervisor | 12 months |
| 20001139 | Juvenile Facility Superintendent II | 12 months |
| 20001140 | Family Services Office Supervisor | 12 months |
| 20001142 | Human Rights Specialist | 12 months |
| 20001157 | Administrative Hearing Officer I | 12 months |
| 20001159 | Human Rights Enforcement Branch Manager | 12 months |
| 20001162 | Human Rights Research/Information Compliance Supervisor | 12 months |
| 20001163 | Human Rights Housing Compliance Supervisor | 12 months |
| 20001164 | Human Rights Employment/Public Accommodations Compliance Supervisor | 12 months |
| 20001165 | Human Rights Compliance Enforcement Officer II | 12 months |
| 20001166 | Probation and Parole Officer I | 12 months |
| 20001171 | Youth Worker I | 12 months |
| 20001174 | Youth Worker Supervisor | 12 months |
| 20001175 | Juvenile Services District Supervisor | 12 months |
| 20001184 | Service Region Administrator | 12 months |
| 20001185 | Service Region Administrator Associate | 12 months |
| 20001186 | Service Region Clinical Associate | 12 months |
| 20001841 | Criminal Intelligence Analyst I | 12 months |
| 20001842 | Criminal Intelligence Analyst II | 12 months |
| 20001876 | Law Clerk | 12 months |
| 20001895 | Environmental Administrative Hearing Officer | 12 months |
| 20001904 | Investigator I | 12 months |
| 21000900 | Financial Institutions Examiner I | 12 months |
| 21000901 | Financial Institutions Examiner II | 12 months |
| 21002025 | Highway Technician Assistant I | 12 months |
| 21002026 | Highway Technician Assistant II | 12 months |
| 21002027 | Highway Technician I | 12 months |
| 21002028 | Highway Technician II | 12 months |
| 21002029 | Highway Technician III | 12 months |
| 21002030 | Highway Technician IV | 12 months |
| 21002031 | Highway Technician Superintendent I | 12 months |
| 21002032 | Highway Technician Superintendent II | 12 months |
| 21002326 | Apprentice I | 12 months |
| 21002327 | Apprentice II | 12 months |
| 21002476 | Boards and Commissions Support Specialist | 12 months |
| 21002825 | Advanced Practice Registered Nurse Investigator | 12 months |
(3)
If the length of the initial probationary period for a job classification is changed, an employee serving an initial probationary period on the effective date of the change shall serve the shorter of the initial probationary periods. If an employee is appointed, the employee's appointing authority shall advise the employee of the period of his initial probation.Section 2.
Promotional Probationary Period.(1)
An employee who satisfactorily completes the promotional probationary period shall be granted status in the position to which he has been promoted. Unless an employee receives notice prior to the end of his promotional probationary period that he has failed to satisfactorily complete the promotional probationary period and that he is being reverted, the employee shall be deemed to have served satisfactorily and shall acquire status in the position to which he has been promoted.(2)
An employee who fails to satisfactorily complete a promotional probationary period shall be reverted to his former position or to a position in the same job classification as his former position. A written notification shall be sent to the employee to advise the employee of the effective date of reversion. A copy of the notice of reversion shall be forwarded to the Secretary of Personnel on the same date notice is delivered to the employee.(3)
Except as established in KRS 18A.111, the promotional probationary period shall be computed from the effective date of promotion to the corresponding date in the appropriate month following promotion as established in KRS 18A.005(27).(4)
The promotional probationary period shall be the same length as the initial probationary period for each job classification.Section 3.
Probationary Period Upon Reinstatement.(1)
An employee who is reinstated to a position in the classified service no later than twelve (12) months after the beginning of a break in the classified service shall be reinstated with status. This shall include an employee ordered reinstated pursuant to KRS 18A.111(3), unless the board rules otherwise.(2)
An employee who is reinstated to the classified service more than twelve (12) months after a break in service, except an employee ordered reinstated pursuant to KRS 18A.111(3), shall serve an initial probationary period.HISTORY: (13 Ky.R. 393; eff. 9-4-1986; 899; eff. 12-2-1986; 1709; eff. 5-14-1987; 14 Ky.R. 831; eff. 12-11-1987; 15 Ky.R. 266; 950; eff. 9-14-1988; 1659; 2148; eff. 3-8-1989; 16 Ky.R. 372; eff. 10-11-89; 2439; eff. 7-12-1990; 17 Ky.R. 1114; eff. 11-14-1990; 2755; 3104; eff. 4-10-1991; 18 Ky.R. 82; eff. 9-6-1991; 19 Ky.R. 961; eff. 12-9-1992; 21 Ky.R. 1361; eff. 12-14-1994; 22 Ky.R. 1332; eff. 3-7-1996; 23 Ky.R. 3070; eff. 3-26-1997; 24 Ky.R. 1749; 2105; eff. 4-13-1998; 25 Ky.R. 398; eff. 10-12-1998; 26 Ky.R. 1021; 1402; eff. 1-18-2000; 28 Ky.R. 2242; eff. 6-14-2002; 29 Ky.R. 2116; 2446; eff. 4-11-2003; 31 Ky.R. 994; eff. 1-21-2005; 32 Ky.R. 1141; eff. 3-3-2006; 33 Ky.R. 1875; 2930; eff. 4-6-2007; 34 Ky.R. 2022; 2378; eff. 6-6-2008; 35 Ky.R. 1846; eff. 4-3-2009; 36 Ky.R.1961; eff. 5-7-2010; 37 Ky.R. 2666; eff. 7-21-2011; 40 Ky.R. 1813; 2252; eff. 5-2-2014; 41 Ky.R. 1839; 2067; eff. 5-1-2015; 42 Ky.R. 1582; eff. 2-5-2016; 43 Ky.R. 1001; 3-3-2017; 44 Ky.R. 1374, 1809; eff. 3-9-2018; 44 Ky.R. 2542; eff. 8-31-2018; 46 Ky.R. 2290; eff. 9-1-2020; 48 Ky.R. 1825; eff. 5-31-2022.)
MARK A. SIPEK, Executive Director
APPROVED BY AGENCY: November 15, 2021
FILED WITH LRC: November 15, 2021 at 11:05 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 28, 2022, at 9:30 a.m. Eastern Time at 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through end of the day, January 31 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Stafford Easterling General Counsel, Personnel Board, 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601, phone (502) 564-7830, fax (502) 695-5799, email stafford.easterling@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Stafford Easterling
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation defines the mandatory initial probationary periods of specific job classifications from the effective date of appointment.
(b) The necessity of this administrative regulation:
This regulation is necessary to set the requirements of probationary periods.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
18A.075(1)(4)(e) authorizes the Personnel Board to establish initial probationary periods.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will continue to provide effective administration of the statutes by its requirements to establish probationary periods.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment sets the mandatory probationary period for the job classifications of Revenue Auditor I and Revenue Field Auditor I to a six (6) - month term, reducing the current twelve (12) - month probationary period due to organizational need.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to provide uniformity with the requirements of the Fair Labor Standards Act.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment ensures consistent six (6) - month initial probationary periods within the Department of Revenue’s job classifications.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment provides clarity and consistently required for establishment of initial probationary periods in addition to meeting the needs of the Department of Revenue and the Personnel Cabinet.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation as a whole affects all state government agencies; however, this amendment affects only the Department of Revenue and the Personnel Cabinet.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The impacted agencies will need to implement minor procedural changes to reflect the reduction of the initial probationary period from twelve (12) months to six (6) months for the two (2) job classifications specified.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no additional cost to the entities to comply with this regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
By reducing the initial probationary period from twelve (12) to six (6) months for Revenue Auditor I and Revenue Field Auditor I, amongst other benefits, the agencies believe it will result in the improved recruitment and retention of trained, qualified auditors.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to implement this amendment.
(b) On a continuing basis:
There will be no ongoing cost to implement this amendment.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
There is no need for a source of funding to implement and enforce this regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There will not be an increase in fees or a necessity in funding to implement this amendment.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This regulation, as amended, is not anticipated to generate any new or additional fees.
(9) TIERING: Is tiering applied?
No. This regulation, as amended, treats all impacted employees the same.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 18A.005, KRS 18A.075(1), and 18A.0751(1)(e), (4)(e).
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
No revenue will be generated.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
No revenue will be generated.
(c) How much will it cost to administer this program for the first year?
There are no estimated costs to administer the amendments to this regulation.
(d) How much will it cost to administer this program for subsequent years?
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation. There are no estimated costs for subsequent years to administer the amendments to this regulation.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
There should be no increase or decrease in the cost to administer this administrative regulation.
GENERAL GOVERNMENT CABINET
Personnel Board
(Amendment)
101 KAR 1:325.Probationary periods.
Section 1.
Initial Probationary Period.(1)
The initial probationary period shall be computed from the effective date of appointment to the corresponding date in the sixth or final month, depending upon the length of initial probationary period, except as established in KRS 18A.111.(2)
The following job classifications shall require an initial probationary period in excess of six (6) months:| Title Code | Job Classification | Length of Initial Probationary Period |
| 20000538 | Golf Course Superintendent I | 9 months |
| 20000539 | Golf Course Superintendent II | 9 months |
| 20000558 | Parks Golf Professional | 9 months |
| 20000677 | State Park Ranger I | 9 months |
| 20000562 | Resort Park Manager I | 12 months |
| 20000563 | Resort Park Manager II | 12 months |
| 20000564 | Resort Park Manager III | 12 months |
| 20000568 | Parks Program Services Supervisor | 9 months |
| 20000569 | Parks Camping/Boat Dock Manager | 9 months |
| 20000570 | Park Business Manager I | 12 months |
| 20000571 | Park Business Manager II | 12 months |
| 20000572 | Park Manager I/Historic Site Manager | 12 months |
| 20000573 | Park Manager II | 12 months |
| 20000574 | Park Manager III | 12 months |
| 20000609 | Conservation Officer Recruit | 12 months |
| 20000616 | Veterans Benefits Field Rep I | 9 months |
| 20000618 | Veterans Benefits Regional Administrator | 9 months |
| 20000672 | Facilities Security Sergeant | 12 months |
| 20000673 | Facilities Security Lieutenant | 12 months |
| 20000676 | State Park Ranger Recruit | 12 months |
| 20000680 | Facilities Security Officer II | 12 months |
| 20000683 | Mounted Patrol Officer Recruit | 12 months |
| 20000687 | Police Telecommunicator I | 12 months |
| 20000688 | Police Telecommunicator II | 12 months |
| 20000689 | Police Telecommunications Shift Supervisor | 12 months |
| 20000690 | Police Telecommunications Supervisor | 12 months |
| 20000692 | CVE Inspector I | 12 months |
| 20000694 | CJIS (Criminal Justice Information System) Compliance Specialist I | 12 months |
| 20000695 | CJIS Compliance Specialist II | 12 months |
| 20000696 | CJIS Compliance Specialist III | 12 months |
| 20000697 | CJIS Compliance Supervisor | 12 months |
| 20000698 | Transportation Operations Center Specialist I | 12 months |
| 20000703 | Polygraph Examiner II | 12 months |
| 20000704 | Polygraph Examiner I | 12 months |
| 20000713 | Driver's Test Administrator | 12 months |
| 20000719 | Law Enforcement Training Instructor I | 12 months |
| 20000722 | Law Enforcement Training Instructor I - Telecommunications | 12 months |
| 20000813 | Boiler Inspector I | 12 months |
| 20000817 | HVAC Inspector I | 12 months |
| 20000820 | Fire Protection Systems Inspector | 12 months |
| 20000821 | Industrial Hygienist I | 12 months |
| 20000834 | OSH Compliance Officer I | 12 months |
| 20000852 | OSH Safety Consultant I | 12 months |
| 20000856 | Industrial Hygienist Consultant I | 12 months |
| 20000888 | Insurance Fraud Investigator I | 12 months |
| 20000889 | Insurance Fraud Investigator II | 12 months |
| 20000890 | Insurance Fraud Investigator Supervisor | 12 months |
| 20000938 | Forensic Firearms and Toolmark Examiner I | 12 months |
| 20000940 | Forensic Chemist I | 12 months |
| 20000941 | Forensic Chemist II | 12 months |
| 20000943 | Forensic Biologist I | 12 months |
| 20000944 | Forensic Biologist II | 12 months |
| 20000953 | Forensic Computer Examiner I | 12 months |
| 20000954 | Forensic Computer Examiner II | 12 months |
| 20000955 | Forensic Computer Examiner III | 12 months |
| 20000963 | Therapy Program Assistant | 9 months |
| 20000974 | Audiologist I | 12 months |
| 20001001 | Patient Aide I | 9 months |
| 20001021 | Nursing Investigator | 12 months |
| 20001037 | Medical Investigator I | 12 months |
| 20001038 | Medical Investigator II | 12 months |
| 20001105 | KSB/KSD Administrator III | 12 months |
| 20001107 | KSB/KSD Administrator V | 12 months |
| 20001122 | Disability Adjudicator I | 12 months |
| 20001125 | Social Service Worker I | 9 months |
| 20001132 | Field Services Supervisor | 12 months |
| 20001135 | Juvenile Facility Superintendent I | 12 months |
| 20001136 | Juvenile Facility Superintendent III | 12 months |
| 20001137 | Facilities Regional Administrator | 12 months |
| 20001138 | Youth Services Program Supervisor | 12 months |
| 20001139 | Juvenile Facility Superintendent II | 12 months |
| 20001140 | Family Services Office Supervisor | 12 months |
| 20001142 | Human Rights Specialist | 12 months |
| 20001157 | Administrative Hearing Officer I | 12 months |
| 20001159 | Human Rights Enforcement Branch Manager | 12 months |
| 20001162 | Human Rights Research/Information Compliance Supervisor | 12 months |
| 20001163 | Human Rights Housing Compliance Supervisor | 12 months |
| 20001164 | Human Rights Employment/Public Accommodations Compliance Supervisor | 12 months |
| 20001165 | Human Rights Compliance Enforcement Officer II | 12 months |
| 20001166 | Probation and Parole Officer I | 12 months |
| 20001171 | Youth Worker I | 12 months |
| 20001174 | Youth Worker Supervisor | 12 months |
| 20001175 | Juvenile Services District Supervisor | 12 months |
| 20001184 | Service Region Administrator | 12 months |
| 20001185 | Service Region Administrator Associate | 12 months |
| 20001186 | Service Region Clinical Associate | 12 months |
| 20001841 | Criminal Intelligence Analyst I | 12 months |
| 20001842 | Criminal Intelligence Analyst II | 12 months |
| 20001876 | Law Clerk | 12 months |
| 20001895 | Environmental Administrative Hearing Officer | 12 months |
| 20001904 | Investigator I | 12 months |
| 21000900 | Financial Institutions Examiner I | 12 months |
| 21000901 | Financial Institutions Examiner II | 12 months |
| 21002025 | Highway Technician Assistant I | 12 months |
| 21002026 | Highway Technician Assistant II | 12 months |
| 21002027 | Highway Technician I | 12 months |
| 21002028 | Highway Technician II | 12 months |
| 21002029 | Highway Technician III | 12 months |
| 21002030 | Highway Technician IV | 12 months |
| 21002031 | Highway Technician Superintendent I | 12 months |
| 21002032 | Highway Technician Superintendent II | 12 months |
| 21002326 | Apprentice I | 12 months |
| 21002327 | Apprentice II | 12 months |
| 21002476 | Boards and Commissions Support Specialist | 12 months |
| 21002825 | Advanced Practice Registered Nurse Investigator | 12 months |
(3)
If the length of the initial probationary period for a job classification is changed, an employee serving an initial probationary period on the effective date of the change shall serve the shorter of the initial probationary periods. If an employee is appointed, the employee's appointing authority shall advise the employee of the period of his initial probation.Section 2.
Promotional Probationary Period.(1)
An employee who satisfactorily completes the promotional probationary period shall be granted status in the position to which he has been promoted. Unless an employee receives notice prior to the end of his promotional probationary period that he has failed to satisfactorily complete the promotional probationary period and that he is being reverted, the employee shall be deemed to have served satisfactorily and shall acquire status in the position to which he has been promoted.(2)
An employee who fails to satisfactorily complete a promotional probationary period shall be reverted to his former position or to a position in the same job classification as his former position. A written notification shall be sent to the employee to advise the employee of the effective date of reversion. A copy of the notice of reversion shall be forwarded to the Secretary of Personnel on the same date notice is delivered to the employee.(3)
Except as established in KRS 18A.111, the promotional probationary period shall be computed from the effective date of promotion to the corresponding date in the appropriate month following promotion as established in KRS 18A.005(27).(4)
The promotional probationary period shall be the same length as the initial probationary period for each job classification.Section 3.
Probationary Period Upon Reinstatement.(1)
An employee who is reinstated to a position in the classified service no later than twelve (12) months after the beginning of a break in the classified service shall be reinstated with status. This shall include an employee ordered reinstated pursuant to KRS 18A.111(3), unless the board rules otherwise.(2)
An employee who is reinstated to the classified service more than twelve (12) months after a break in service, except an employee ordered reinstated pursuant to KRS 18A.111(3), shall serve an initial probationary period.HISTORY: (13 Ky.R. 393; eff. 9-4-1986; 899; eff. 12-2-1986; 1709; eff. 5-14-1987; 14 Ky.R. 831; eff. 12-11-1987; 15 Ky.R. 266; 950; eff. 9-14-1988; 1659; 2148; eff. 3-8-1989; 16 Ky.R. 372; eff. 10-11-89; 2439; eff. 7-12-1990; 17 Ky.R. 1114; eff. 11-14-1990; 2755; 3104; eff. 4-10-1991; 18 Ky.R. 82; eff. 9-6-1991; 19 Ky.R. 961; eff. 12-9-1992; 21 Ky.R. 1361; eff. 12-14-1994; 22 Ky.R. 1332; eff. 3-7-1996; 23 Ky.R. 3070; eff. 3-26-1997; 24 Ky.R. 1749; 2105; eff. 4-13-1998; 25 Ky.R. 398; eff. 10-12-1998; 26 Ky.R. 1021; 1402; eff. 1-18-2000; 28 Ky.R. 2242; eff. 6-14-2002; 29 Ky.R. 2116; 2446; eff. 4-11-2003; 31 Ky.R. 994; eff. 1-21-2005; 32 Ky.R. 1141; eff. 3-3-2006; 33 Ky.R. 1875; 2930; eff. 4-6-2007; 34 Ky.R. 2022; 2378; eff. 6-6-2008; 35 Ky.R. 1846; eff. 4-3-2009; 36 Ky.R.1961; eff. 5-7-2010; 37 Ky.R. 2666; eff. 7-21-2011; 40 Ky.R. 1813; 2252; eff. 5-2-2014; 41 Ky.R. 1839; 2067; eff. 5-1-2015; 42 Ky.R. 1582; eff. 2-5-2016; 43 Ky.R. 1001; 3-3-2017; 44 Ky.R. 1374, 1809; eff. 3-9-2018; 44 Ky.R. 2542; eff. 8-31-2018; 46 Ky.R. 2290; eff. 9-1-2020; 48 Ky.R. 1825; eff. 5-31-2022.)
MARK A. SIPEK, Executive Director
APPROVED BY AGENCY: November 15, 2021
FILED WITH LRC: November 15, 2021 at 11:05 p.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on January 28, 2022, at 9:30 a.m. Eastern Time at 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be canceled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted through end of the day, January 31 2022. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Stafford Easterling General Counsel, Personnel Board, 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601, phone (502) 564-7830, fax (502) 695-5799, email stafford.easterling@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Stafford Easterling
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation defines the mandatory initial probationary periods of specific job classifications from the effective date of appointment.
(b) The necessity of this administrative regulation:
This regulation is necessary to set the requirements of probationary periods.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
18A.075(1)(4)(e) authorizes the Personnel Board to establish initial probationary periods.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation will continue to provide effective administration of the statutes by its requirements to establish probationary periods.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
This amendment sets the mandatory probationary period for the job classifications of Revenue Auditor I and Revenue Field Auditor I to a six (6) - month term, reducing the current twelve (12) - month probationary period due to organizational need.
(b) The necessity of the amendment to this administrative regulation:
The amendment is necessary to provide uniformity with the requirements of the Fair Labor Standards Act.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment ensures consistent six (6) - month initial probationary periods within the Department of Revenue’s job classifications.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment provides clarity and consistently required for establishment of initial probationary periods in addition to meeting the needs of the Department of Revenue and the Personnel Cabinet.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
This regulation as a whole affects all state government agencies; however, this amendment affects only the Department of Revenue and the Personnel Cabinet.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
The impacted agencies will need to implement minor procedural changes to reflect the reduction of the initial probationary period from twelve (12) months to six (6) months for the two (2) job classifications specified.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
There will be no additional cost to the entities to comply with this regulation.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
By reducing the initial probationary period from twelve (12) to six (6) months for Revenue Auditor I and Revenue Field Auditor I, amongst other benefits, the agencies believe it will result in the improved recruitment and retention of trained, qualified auditors.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no cost to implement this amendment.
(b) On a continuing basis:
There will be no ongoing cost to implement this amendment.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
There is no need for a source of funding to implement and enforce this regulation.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There will not be an increase in fees or a necessity in funding to implement this amendment.
(8) State whether or not this administrative regulation established any fees or directly or indirectly increased any fees:
This regulation, as amended, is not anticipated to generate any new or additional fees.
(9) TIERING: Is tiering applied?
No. This regulation, as amended, treats all impacted employees the same.
FISCAL NOTE ON STATE OR LOCAL GOVERNMENT
(1) What units, parts or divisions of state or local government (including cities, counties, fire departments, or school districts) will be impacted by this administrative regulation?
(2) Identify each state or federal statute or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 18A.005, KRS 18A.075(1), and 18A.0751(1)(e), (4)(e).
(3) Estimate the effect of this administrative regulation on the expenditures and revenues of a state or local government agency (including cities, counties, fire departments, or school districts) for the first full year the administrative regulation is to be in effect.
(a) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for the first year?
No revenue will be generated.
(b) How much revenue will this administrative regulation generate for the state or local government (including cities, counties, fire departments, or school districts) for subsequent years?
No revenue will be generated.
(c) How much will it cost to administer this program for the first year?
There are no estimated costs to administer the amendments to this regulation.
(d) How much will it cost to administer this program for subsequent years?
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation. There are no estimated costs for subsequent years to administer the amendments to this regulation.
Note: If specific dollar estimates cannot be determined, provide a brief narrative to explain the fiscal impact of the administrative regulation.
Revenues (+/-):
Expenditures (+/-):
Other Explanation:
There should be no increase or decrease in the cost to administer this administrative regulation.